H1 to H4 conversion

[immiusa11]

My current H1 petition is expiring in end of July. My employer has applied for H1 extension, but I got an RFE. Ideally I should get the extension approved after replying to the RFE, however worst case even if it gets denied, I wanted to be in US till end of this year due to family / personal reasons. I was thinking of applying for an H4 also in parallel before I go out of status so that I can still stay in US. However I had some questions on the same

1) If my H1B extension gets approved (and my H4 also is approved), can I still continue to be on H1 and continue working? Or will the H4 gets activated ?

2) If H4 is the one which takes precedence, how can I get back to my H1 ?

Could you please help me out here?

[Attorney_22]

Generally, as long as your H4 change of status petition is timely filed (filed prior to the expiration of your current H1B) you will be considered in a period of authorized stay and may remain in the U.S. during its pendency. However, after the H1B expires at the end of July you will not have work authorization due to the pending change of status petition to H4. Generally it is not recommended to have both an extension of H1B and a change of status to H4 pending at the same time as this may create complications. Therefore, upgrading your H1B to premium processing may be the better option. To discuss this in more detail it is advisable to speak directly with a qualified U.S. immigration attorney. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

[immiusa11]

If I upgrade my H1B extension to premium at the time of RFE response, is there any additional risks involved (additional scrutiny) in getting the approval?